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Item 6G CITY OF SOUTH LAKE MEMORANDUM June 14, 2016 To: Honorable Mayor and City Council From: Ken Baker, Senior Director of Planning and Development Services Subject: Item 6G —Ordinance No. 1110-A, 2nd Reading — City of Southlake Sign Board Action Requested: Consider 2nd Reading of Ordinance No. 1110-A Background Information: With the adoption of Ordinance No. 1110, on January 20, 2015, the City Council established a Sign Board for the City of Southlake and determined that the Planning and Zoning (P&Z) Commission would assume that role. The primary function of the Sign Board was to hear and make recommendations to the City Council on applications for sign variances and Master Sign Plans. The Sign Board would also make recommendations to any amendments to Sign Ordinance No. 704. As a stipulation of Section 7, Ordinance No. 1110, unless the City Council affirmatively votes to continue the existence of the Sign Board, the Sign Board shall be automatically dissolved and abolished eighteen (18) months after the enactment of the ordinance. Ordinance No. 1110 also states that no later than fifteen (15) months from the date of the ordinance adoption the staff liaison shall present the City Council with a report of the Sign Board's activities in order to assist the City Council with their decision. The Sign Board has processed eighteen (18) sign variances and four (4) master sign plans/amendments; and, considered one (1) Sign Ordinance No. 704 amendment since their inception in January of 2015. On April 5, 2016, City Council discussed reauthorizing the Sign Board, and directed staff to place an ordinance formally reauthorizing the Sign Board on a future City Council meeting agenda. On June 7, 2016, City Council approved the 1St Reading of Ordinance No. 1110-A on Consent. CITY OF SOUTH LAKE Financial Considerations: None Strategic Link: Quality Development — C-5 Promote opportunities for partnerships & volunteer involvement. B-2 Collaborate with select partners to implement service solutions. Citizen Input / Board Review: None Legal Review: None Supporting Documents: Attached —Ordinance No. 1110 and Ordinance 1110-A ORDINANCE NO. 1110 AN ORDINANCE ESTABLISHING A SIGN BOARD FOR THE CITY OF SOUTHLAKE; ESTABLISHING THE PLANNING AND ZONING COMMISSION AS THE SIGN BOARD; PROVIDING FOR DUTIES AND RESPONSIBILITIES FOR THE SIGN BOARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE.; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake deems it advisable and necessary to establish a Sign Board (SB) to act as an advisory board to the City Council in matters regarding the Sign Ordinance 704, as amended, sign variance requests, master sign plan requests. and related issues; and WHEREAS, the City Council finds that the orderly and un iform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City, and WHEREAS, commercial signage is deemed an integral part of the urban design fabric of Southlake and is absolutely necessary and shall be regarded as a tool that helps promote the health, safety and welfare of the general public by providing guidance to both the vehicular driver and pedestrian. Due to its visual prominence and effect on the overall design character of our city, signage is an integral part of the vis ual urban streetscape and shall not be designed to visually compete with its surroundings, but rather serve to build on the quality of the traveler's and pedestrian's expenence. WHEREAS, the City of Southlake Sign Ordinance 704, as amended, permits applicants to apply for sign variances and master sign plans to for consideration by the City Council, WHEREAS, the City Council desires to establish a Sign Board to review and consider sign variances and master sign plans under Sign Ordinance 7G4, as amended, and forward their recommendations to the City Council for their consideration: NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CI T"Y OF SOUTHLAKE, TEXAS SECTION 1. Creation of a Sin Board- There is hereby established a Sign Board (SB) for the city hereinafter referred to as the "SIGN BOARD" Ordinance No. 1110 1 SECTION 2, Members and Terms, The Sign Board shall consist of the seven (7) citizen members of the Planning and. Zoning Commission Df the City of Southlake. Terms of Office for the Sign Board members shall inGide with appointment terms for the Planning and Zoning Commission members; appointed by a majority Grote of the City Council For two (2) year terms. The members of the Planning and Zoning Commission shall be resident Citizens of the corporate limits of the City of Southlake, Texas, and qualified voters of the City of Southlake, Texas. The members are appointed by the City Council for a term of office for two (2) years All vacancies occurring on the Planning and Zoning Commission shall be filled by appointment by the City Council. The offloes of the Chairman and Vice- Chairman will be for a period of or)e (1) year and selected by the City Council SECTION 3. Meetings and By-Laws: The Planning and Zoning Commission Chairman and Vice Chairman shall retain the same positions on the Sign Board and serve one (1) year terms and thereafter until their successors are elected The by-laws attached to this ordinance as Exhibit A, which are hereby approved, shall goaem the meetings of the Sign Board. The Sign Boards bylaws shall be consistent with state law, the City Charter and City Code, and Board and Commission Manual, and shall, at a minimum, enoompass the following matters: (1) Meeting shall be held immediately following the regular Planning and Zoning Commission meetings held the first and third Thursdays of each month unless otherwise determined. {2) Manner of holding and calling of special meetings shall be specified. ( ) Majority of members shall constitute a quorum (4) Minutes of the meetings shall be filed with the City Sec rotary. SECTION d_ Duties and Responsibilities: The duties and respo n s ibi I ities of the Sign Board shall be to: Ordinance No.1110 2 (1) Act in an advisory capacity to the City Council in matters pertaining to requests for sign vanances and master sign plans. (2) Serve in accordance with provisions of the Board and Commission Manual (3) Review of sign variance and master sign pian requests for their applicability to the current Sign Ordinance 744, as amended. (4) Perform such other tasks as are delegated to it by City Council SECTION 5. Staff Liaison: A staff Liaison shall be designated by the City Manager to work with the Sign Board in accordance with Board and Commission Manual SECTION B. Upon adoption of this ordinance by the City Council, the Planning and Zoning Commission shall assume the duties and responsibilities of the Sign Board regarding review and consideration of sign variance and master sign plan applications SECTION 7. Unless the City Council affirmatively votes to continue the existence of the Sign Board, the Sign Board shall be automatically dissolved and abolished eighteen months after the date of enactment of this ordinance without further action by the City Council. No later than Fifteen months from the date of enactment of this ordinance, the staff liaison shall present to the City Council a report of the Sign Board activities in order to assist the City Council in evaluating whether the Sign Board's existence show be continued. SECTION 8. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences. paragraphs and sections of this ordinance are severable, and if any phrase. clause. sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction. such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase. clause. sentence, paragraph or section. Ordinance No_ 1110 3 SECTION 9. All rights and remedies of the City of 5outhlake are expressly saved as to any and all violations of the provisions of Ordinance No 1073 or any other ordinances affecting community engagement which have accrued at the time of the effective date of this ordinance. and as to such accrued violations and all pending litigation. both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law. and it is so ordained PASSED AND APPROVED ON THE FIRST READING ON THIS fig"' DAY OF JANUARY, 2015. .JOHN TE BELL. MAYOR ,,,i It 111I'!I/I 'I t4L40 ATTEST: +oma•.•• '.,,, ,. > i LORI PAYNE, yry S"f.'RE ARYf F PASSED AND APPROVED ON THESECOND READING ON THIS 20th DAy 5F JANUARY, 2015. JOHN TERRELL, MAYOR ATTEST: oa LORI PAYNE, 'FE ETAS EFFECTIVE: ,"'••,,"fll*1**" ,•`• APPROVED AS TO FORM AND LEGALITY_ (10,C��—Z,Z,"- � CITY ATTORNEY Ordunance No, 1110 4 ORDINANCE NO. 1110-A AN ORDINANCE AMENDING SECTION 1 ,5.1g} OF CHAPTER 15,5, ARTICLE I, OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE. TEXAS. RELATING TO THE SIGN BOARD: PROVIDING THAT THE SIGN BOARD SHALL CONTINUE TO EXIST UNTIL DISSOLVED BY THE CITY COUNCIL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAILINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, established the Sign Board to act as an advisory board to the City Council in matters regarding the Sign Ordinance 704, as amended, sign variance requests, master sign plan requests, and related issues; and WHEREAS, the City Council finds that the orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the C iter; and WHEREAS, commercial signage is deemed an integral part of the urban design fabric of Southlake and is absolutely necessary and shall be regarded as a tool that helps promote the health, safety and welfare of the general public by providing guidance to both the vehicular driver and pedestrian_ Due to its visual prominence and effect on the overall design character of our city, signage is an integral part of the visual urban streetscape and shall not be designed to visually compete with its surroundings, but rather serve to build on the quality of the travelers and pedestrian's experience_ WHEREAS, the City of SoLithlake Sign Ordinance 704, as amended, permits applicants to apply for sign variances and master sign plans to for consideration by the City Council, WHEREAS, the City Council established the Sign Board to review and consider sign variances and master sign plans under Sign Ordinance 704, as amended, and forward their recommendations to the City Council for their consideration; WHEREAS, the City Council desires to continue the existence of the Sign hoard until dissolved by the affirmative vete of the City Council, Ordinance No_1110-A 1 NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT' OF SOUTHL4KE. TEXAS; SECTION 1. That all of the above preambles are found to be true and correct factual and legislative determinations of the City of Southlake and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety_ SECTION 2. That Section 15.5-1_(g), Article I_— In General, Chapter 15.5 —Signs, Subpart A— General Ordinances, of the Code of Ordinances of the City of Southlake, Texas, is hereby amended to read as follows: (g) Dissoiufiorr. The Sign Board shall continue to exist until dissolved or abolished by ordinance by the affirmative vote of the City Council. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance Mo_ 1110 or any other ordinances affecting the Sign Board which have accrued at the time of the effective date of this ordinance, and as to such accrued violations and all pending litigation, both civil and criminal, Whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 10. This ordinance shall be in full force and effect Trom and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THE 15t READING ON THIS DAIS OF , 2D1 S. GAira,r:e No. 2110-A 2 Laura Hill, MAYOR ATTEST Lori Pav , CITY SECRETARY PASSED AND APPROVED ON THE 2® READING ON THIS DAY OF . 2016. --- Laura Hi , MAYOR ATTES2 LariFane, CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY AT-FO RNEY Ordimnce N 1SmA 3